NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Niass [2005] NSWCCA 120
HEARING DATE(S): 04/04/2005
JUDGMENT DATE: 4 April 2005
JUDGMENT OF: Hunt AJA at 1-29, 32; Grove J at 30; Hall J at 31
DECISION: The appeal against conviction be dismissed.
CATCHWORDS: Whether open to jury to reject the version given by the accused - whether open to jury to be satisfied beyond reasonable doubt that the accused was guilty - whether a Liberato direction was required - relevance of absence of Liberato direction to quality of evidence before jury.
LEGISLATION CITED: Criminal Appeal Act 1912
Knight v The Queen (1992) 175 CLR 49 La Fontaine v The Queen (1976) 136 CLR 62 Liberato v The Queen (1985) 159 CLR 507 M v The Queen (1994) 181 CLR 487 MFA v The Queen (2002) 2213 CLR 606 CASES CITED: Regina v Burt (2003) 140 A Crim R 555 Regina v Chen, Siregar & Isman (2002) 130 A Crim R 300 Regina v Tillott (1991) 53 A Crim R 46 Regina v Wilson [2005] NSWCCA 20 Salmon v The Queen [2001] WASCA 270
Regina Crown PARTIES: Barry John Niass Appellant
FILE NUMBER(S): CCA 2004/2732
Mr R Jankowski Appellant COUNSEL: Mr D Arnott Crown
Hogan Geikie Poole Appellant SOLICITORS: S Kavanagh Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 02/21/0119
LOWER COURT JUDICIAL OFFICER: Payne DCJ
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CCA 2004/2732 HUNT AJA GROVE J HALL J
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